MOHAMMAD SHAHID Vs. STATE OF M.P

JUDGEMENT

(1.) ON behalf of the applicant/accused, this revision is preferred under Section 397 read with Section 401 of Cr.P.C., being aggrieved by the order dated 29.7.2013, passed by Additional Sessions Judge Begumganj, District Raisen in Sessions Trial No. 143/13, framing the charge of Section 307 of I.P.C. against the applicant.

(2.) APPLICANT 's counsel after taking me through the impugned order along with the copy of the charge -sheet from his brief argued that on taking into consideration the averments of the FIR as well as the interrogatory statement of the victim and other witnesses along with the MLC and X -ray report of the victim/complainant Kamaljeet Singh, as accepted in it's entirety even then, the ingredients of the alleged offence of Section 307 of I.P.C. are not made out against the applicant. In continuation he said that, in view of the police report submitted under Section 173 of Cr.P.C., this is not a case of more than Section 324 of I.P.C. for framing the charge against the applicant and prayed for setting aside the impugned order framing the charge of 307 of I.P.C. and in alternate to modify such charge for the offence of Section 324 of I.P.C. by admitting and allowing this revision.

(3.) ON the other hand, responding the aforesaid arguments learned P.L. by justifying the impugned order and the charge framed said that the same being based on available factual matrix of the matter, is in conformity with law, it does not require any interference either to discharge the applicant from the alleged charge of Section 307 of I.P.C. or to modify such Section into Section 324 of I.P.C. and prayed for dismissal of this revision.